Legal Opinion
Gardner v. Marshall
California Court of Appeal
Decided December 11, 1942No. Civ. 13626PublishedCited by 8 opinions
1Opinion of the Court
DRAPEAU, J. pro tem.
The plaintiff was riding a motor scooter along a public highway. There were two automobiles coming toward him, one behind the other, from the opposite direction. As he was about to pass the first of these automobiles, the one behind it swung out over the center line of the highway, and into the traffic lane in which the plaintiff was traveling. Plaintiff endeavored to avoid the imminent collision by swerving to the left, but was struck by the automobile and sustained injuries and much pain and suffering.
In due time he filed his action for damages, which was tried by court…
2Cases cited12 opinions
- Carpenter v. HamiltonCalifornia Court of Appeal · 1936
- Shields v. Oxnard Harbor DistrictCalifornia Court of Appeal · 1941
- Hubbert v. Aztec Brewing Co.California Court of Appeal · 1938
- Hiner v. OlsonCalifornia Court of Appeal · 1937
- Pitt v. Southern Pacific Co.California Court of Appeal · 1932
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gardner v. American Brake Etc. Co.California Supreme Court · 1944
- Middleton v. California Street Cable Railway Co.California Court of Appeal · 1946
- Guillen v. MartinCalifornia Court of Appeal · 1958
- Cadwell v. BoroughCalifornia Court of Appeal · 1953
- Gardner v. American Brake Etc. Co.California Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.